Civil claims court...how successful?

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Sophstar

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Without going into detail, someone who was a friend is refusing to pay me back the full amount they owe me:mad:. I have in writing only on a Facebook message that shows they agreed to paying me back IN FULL the amount they owe me for something I purchased for them, paying upfront and the agreement being they would pay me back when the could afford it.

The OH has said civil claims court is next step...anyone got any advice or success stories?!
 
Mmm sounds like a tough one OP.

Have they said on the fb message an actual date when they will pay you, or just 'when they can afford it'?

If it's the former then I think you may have a strong case, but the latter could prove more awkward unless proof of their actual financial situation can prove that they can't afford it yet.
 
Sophstar said:
Without going into detail, someone who was a friend is refusing to pay me back the full amount they owe me:mad:. I have in writing only on a Facebook message that shows they agreed to paying me back IN FULL the amount they owe me for something I purchased for them, paying upfront and the agreement being they would pay me back when the could afford it.

The OH has said civil claims court is next step...anyone got any advice or success stories?!
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What was it you bought for them?

Not 100% sure something wrote on facebook will stand up in court
 
lee1984 said:
What was it you bought for them?

Not 100% sure something wrote on facebook will stand up in court
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I think it may do you know, after all it's written word. I've known fb messages to be used in court before, albeit for very different reasons.

Interesting one.
 
depending on how much it is I would have thought it was worth a punt at the small claims court. Make sure you take and print out a screen grab of the Facebook message.

I'd also maybe try to get her into conversation via email or something about why she hasn't paid you back and collect more evidence that way. mentioning the sum concerned and what it was for. Judge Judy would give you it and costs I'm sure! LOL
 
I paid for a towbar and the fitting to their car. £400 +

They are in a stronger financial position than myself however it was not their money they were spending it was their OH's who is the earner:rolleyes:

Valuable lesson learnt...never loan money to so called friends.

Facebook is provided as evidence against people who make nasty remarks and accusations about people or make vile comments about stories in the press. The same as Twitter. Never underestimate the power of social networking sites!
 
thehorsephotographer said:
depending on how much it is I would have thought it was worth a punt at the small claims court. Make sure you take and print out a screen grab of the Facebook message.

I'd also maybe try to get her into conversation via email or something about why she hasn't paid you back and collect more evidence that way. mentioning the sum concerned and what it was for. Judge Judy would give you it and costs I'm sure! LOL
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Judge Judy's amazing!!

I want her to come to this country! !:D
 
Sophstar said:
I paid for a towbar and the fitting to their car. £400 +

They are in a stronger financial position than myself however it was not their money they were spending it was their OH's who is the earner:rolleyes:

Valuable lesson learnt...never loan money to so called friends.

Facebook is provided as evidence against people who make nasty remarks and accusations about people or make vile comments about stories in the press. The same as Twitter. Never underestimate the power of social networking sites!
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If I was you I'd go for it! I think you have a strong case there. But as mentioned already, try to get a bit more evidence before going ahead. Make it as water tight as you can!
 
Considering the fact that verbal contracts are still binding, although difficult to prove.

I am guessing that it would have to have a date, there should be an exact amount and a payment date. There should be proof of purchase also.

It may not be that easy as there are many factors to take into account. Also take into account the fact that taking to county court will incur some costs. Although you can claim costs from other side, it depends whether they are deemed to be able to pay the full debt off in one go, if they are not financially able to pay you back immediately then you may get an order for £1 per month, and even then it can be hardto enforce if they claim poverty. This would mean taking back to court and incurring more cost.

There can be other ways to try and scrape the money back, and you could tell ex friend that if they don't pay up you WILL take legal action. This may give them the kick up the a** needed to get them to pay you back.
 
Sophstar said:
I paid for a towbar and the fitting to their car. £400 +

They are in a stronger financial position than myself however it was not their money they were spending it was their OH's who is the earner:rolleyes:

Valuable lesson learnt...never loan money to so called friends.

Facebook is provided as evidence against people who make nasty remarks and accusations about people or make vile comments about stories in the press. The same as Twitter. Never underestimate the power of social networking sites!
Click to expand...
I'd be tempted to go and remove the towbar from their car and sell it on Ebay! Would the garage or whoever fitted it be able to confirm you paid for it?

The power of the internet is phenomenal when used correctly. I reckon it was very instrumental in me receiving my money back this evening from an internet transaction where the goods were not sent.
 
I have had success at Small Claims. It is very important to have evidence. Yes, I think the FB print out would help. Also proof from the dealer stating the tow bar was fitted, e.g. a receipt. If that has been lost, maybe they could supply a duplicate? Any chance they have the licence plate number of the car? If so, can you prove it is your friend's car? Were there any witnesses to the agreement? Good luck!
 
Sophstar said:
I paid for a towbar and the fitting to their car. £400 +

They are in a stronger financial position than myself however it was not their money they were spending it was their OH's who is the earner:rolleyes:

Valuable lesson learnt...never loan money to so called friends.

Facebook is provided as evidence against people who make nasty remarks and accusations about people or make vile comments about stories in the press. The same as Twitter. Never underestimate the power of social networking sites!
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Could always take a disk cutter to it....


I learnt the same lesson to but for much more.


As already stated take a screen grab its worth a try and hopefully you do get your money back, Im sure I read something about the payment back from cc that they can plead there skint and pay a £1 a month back.
 
lee1984 said:
Could always take a disk cutter to it....


I learnt the same lesson to but for much more.


As already stated take a screen grab its worth a try and hopefully you do get your money back, Im sure I read something about the payment back from cc that they can plead there skint and pay a £1 a month back.
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Removing the tow bar etc would most likely result in you being charged for criminal damage, unfortunately.
 
lee1984 said:
Where did it say anything about the tow-bar.... was a joke by the way.
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Lol!:D

I have to say I liked your reply Lee1984!

But yes, not the best course of action!

You are right, they can make someone pay back a very minimum, which is a bit of a kick in the teeth for the claimant, but at least it gets the perpetrator's name in the local papers (if you make sure the press are aware).
 
I aim to please lol.

On another legal matter did you know you can lose your driving licence while driving on the road in horse & cart?? neather did I till they took mine and 6 others, However I got mine back on appeal yesterday but with a rather large fine 4500 euro, Ireland is desperate for money.
 
lee1984 said:
Where did it say anything about the tow-bar.... was a joke by the way.
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I did think as much :D

Although I have seen people do stranger things through anger, so just making sure someone didn't decide to do something without thinking :rolleyes:

And Moomin, I don't know whether the press would be that interested, unless it was a slow day for news of course. Mind you some of the things they print in local papers, they may well be I suppose...

And lee I never, however thanks for the interesting legal fact of the day.
 
I didn't know that Lee! I've always wondered though how they know who you are if you are say on a bike or horse and cart and refuse to tell them or tell them any old rubbish. Not that I would - I'm a useless liar I'd just fess up the truth and say who I was and where from and face any consequences.
 
I did know that Lee, but only recently after someone got done for drink driving a pony and cart the wrong way up a dual carriageway!! :eek::D
 
thehorsephotographer said:
I didn't know that Lee! I've always wondered though how they know who you are if you are say on a bike or horse and cart and refuse to tell them or tell them any old rubbish. Not that I would - I'm a useless liar I'd just fess up the truth and say who I was and where from and face any consequences.
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Like I said neither did I, (if theres a next time I aint stopping) its not like we were even racing just out jogging (exercising) by the way what we got done for was speeding 30 klm zone we were doing 25-to 30 mph.
 
Oh and I meant to quote the go and take it off and out it on eBay quote re criminal damage. :)

Didn't actually think anyone would take a saw to it...

Or theft for that matter... My brains not working, think I should go to bed.
 
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I would take the action against the "other half" ,the earner as you described them. Nobody likes getting a court summons particularly if their OH has caused it. You will find this will clarify their minds extremely quickly. My guess is you will be paid ,out of court.
 
Don't use the small claims court. As it is a simple debt claim it will be quicker, cheaper and easier to use the government/court service's Money Claim Online. It is specifically designed for individuals not using a solicitor. The FB message will have evidential weight.
 
I agree strictly speaking, but what I meant is do it that way rather than direct to the small claims court via paper filing because it is cheaper and cases are handled differently as they are tailored to a litigant in person
 
My dad runs a small business and sometimes has to threaten to take clients who haven't paid to the small claims court. Often the letter alone makes them pay up. Only one or two have ever actually made it into the court. So it's probably worth a try.
 
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